Follow Us

Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Copyrights Entertainment and Sports Law Intellectual Property Litigation

Are Rule 12(b)(6) Dismissals In Copyright Infringement Lawsuits In Danger?

Until recently, the Second and Ninth Circuits have both been receptive to dismissals under Rule 12(b)(6) if the court determines the plaintiff cannot plausibly state a claim of copyright infringement because the two works are not substantial similar. However, a pair of recent “unpublished” Ninth Circuit reversals involving prominent motion pictures stand in contrast to a recent Second Circuit decision affirming such a dismissal.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Federal district courts in the U.S. Courts of Appeals for the Second and Ninth Circuits have regularly granted Rule 12(b)(6) dismissals of copyright infringement lawsuits against motion pictures and other literary works if, following review of the works in issue, the court determines the plaintiff cannot plausibly state a claim of copyright infringement because the two works are not substantial similar.

To continue reading,
become a free ALM digital reader

Benefits include:

*May exclude premium content

Read These Next